HomeMy WebLinkAboutSaguaro Canyon Estates Sub CUP,'~'FIVEI)
interoffice
APR 2 9 2004
City Of Meridian
City Clerk Office
MEMORANDUM
To: William G. Berg, Jr.
From: William F. Nichols
Subject: BY: FARWEST, LLC FOR CONDITIONAL USE PERMIT FOR A PLANNED
DEVELOPMENT FOR SAGUARO CANYON ESTATES SUBDIVISION IN
AN R-4 ZONE
File No.: CUP-03-058
Date: Apri128, 2004
Will:
Please find attached the original FINDINGS OF FACT CONCLUSIONS OF
LAW AND DECISION AND ORDER GRANTING CONDITIONAL USE PERMIT SUBJECT
TO CONDITIONS and ORDER for the above matter. Please place this matter upon the Consent
Agenda for Council discussion and decision.
If you should have any questions please give me a call.
Z:\Work\M\Me~idian\Ivleridian 15360[vb5aguaro Canyon Estates Sub AZ-03-027 PP-03-032 COP-03-058\CllcLtcCUPffcls&Order.doc
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/10/04
C/C 03/09/04
C/C 03/23/04
C/C 04/13/04
C/C 04/20/04
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR SAGUARO
CANYON ESTATES SUBDIVISION
IN AN R-4 ZONE, LOCATED
WITHIN SECTION 30, T4N, R1E,
THE SQUARE MILE BORDERED
BY CHINDEN BLVD., MERIDIAN,
LOCUST GROVE AND McMILLAN
ROADS, MERH)IAN, IDAHO
FARWEST, LLC,
APPLICANT
Case No. CUP-03-058
FINDINGS OF FACT AND
CONCLUSIONS OF LAW AND
DECISION AND ORDER
GRANTING CONDITIONAL USE
PERMIT
The above entitled conditional use permit application having come before the City
Council on February 10, 2004, and re-noticed for March 9, 2004, and continued until March 23,
2004, April 13, 2004, and Apri12Q 2004, at the hour of 7:00 p.m., at Meridian City Hall, 33 East
Idaho Street, Meridian, Idaho, and Anna Powell Planning Director for the Planning and Zoning
Department, Brad Watson of the Public Works Department, Dave McKinnon, John Priddy, Mike
Atkins, Stephanie Beehler, Jeff Papke, Barbara Nosek, Becky McKay, Dean Briggs, Mike
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 1 OF 29
Youngberg, Grant Lee, Brian McColl, and Robert Greiner, appeared and testified, and the City
Council having duly considered the evidence and the record in this matter and the
Recommendations to City Council issued by the Planning and Zoning Commission who
conducted a public hearing and the Council having heard and taken oral and written testimony,
and having duly considered the matter, the City Council hereby makes the following Findings of
Fact, Conclusions of Law and Decision and Order to-wit:
FINDINGS OF FACT
1. A notice of a public hearing on the conditional use permit was published for two
(2) consecutive weeks prior to the said public hearing scheduled for February 10, 2004, and re-
noticed for March 9, 2004, and continued until March 23, 2004, April 13, 2004, and Apri120,
2004, before the City Council, the first publication appearing and written notice having been
mailed to property owners or purchasers of record within three hundred feet (300') of the
external boundaries of the property under consideration more than fifteen (15) days prior to said
hearing and with the notice of public hearing having been posted upon the property under
considerafion more than one week before said hearing and the copies of all notices were made
available to newspaper, radio and television stations as public service announcements; and the
matter having been duly considered by the City Council at the February 10, 2004, and re-noticed
for March 9, 2004, and continued until March 23, 2004, April 13, 2004, and Apri120, 2004,
public hearings; and the applicant, affected property owners, and government subdivisions
providing services within the planning jurisdiction of the City of Meridian, having been given
full opportunity to express comments and submit evidence.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 2 OF 29
2. There has been compliance with all notice and hearing requirements set forth in
Idaho Code §67-6509, 6512, and Meridian City Code §§ 11-15-5 and 11-17-5 as evidenced by
the Affidavit of Mailing, and the Affidavit of Publicafion and Proof of Posting filed with the staff
report.
This proposed development request is in an RUT zone and by reason of the
provisions of the Meridian City Code § 11-17-4, a public hearing was required before the City
Council on this application.
4. The property is located within Section 30, T4N, Rl E, the square mile bordered by
Chinden Blvd, Meridian, Locust Grove and McMillan Roads, Meridian, Idaho.
The owners of record of the subject property are Robert and Marlene Rhead and
George and Betty Boyack and they have submitted an affidavit of legal interest to allow the
submission of subject applications. The Rheads own the 79.2 acre parcel that fronts on
McMillan Road and the Boyacks own the other 60.9 acre parcel.
6. Applicant is Farwest, LLC, represented by Justin Martin.
7. The subject property is currently zoned RUT by Ada County. There is, however,
an application for annexation and zoning to R-4 (Low Density Residential) before the City
Council. The zoning district of R-4 is defined within the City of Meridian Zoning and
Development Ordinance, Section 11-7-2.
8. The proposed application requests a conditional use permit for a Planned
Development for single family residential use with reduced lot sizes, lot frontages, house sizes
and increased block lengths for cul-de-sacs. The Planned Development designation within the
City of Meridian Zoning and Development Ordinance requires a Conditional Use Permit be
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERNIIT
PAGE 3 OF 29
obtained for most uses and exceptions, including those requested by the Applicant. (Meridian
City Zoning and Development Ordinance, Section 11-8-1).
9. The proposed application is in compliance with the Meridian Comprehensive
Plan, which designates the subject property as Medium Density Residential.
10. The use proposed within the subject application will in fact, constitute a
conditional use as determined by City Ordinance.
11. The City Council recognized the concerns of the following individuals:
•3 the Larkwood Homeowner's Association
• Kenneth Christensen (letter dated 12/3/03)
• Michael S. Adkins (letter dated 1/22/04)
•S John Priddy (letter dated 12/2/03)
Dean Briggs of Briggs Engineering, on behalf of Robert and Marlene Rhead,
entered into the public record their letter of approval, and which is on file with the
Meridian City Clerk's office.
12. The Meridian City Council takes judicial notice of its Zoning, Subdivision and
Development Ordinances codified at Titles 11 and 12, Meridian City Code and all current zoning
maps thereof and the Comprehensive Plan of the City of Meridian, and Maps and the Ordinance
establishing the Impact Area Boundary.
13. Giving due consideration to the comment received from the governmental
subdivisions providing services in the City of Meridian planning jurisdiction public facilities and
services required by the proposed development will not impose expense upon the public if the
following conditions of development are imposed and the following is also found to be required
to mitigate the effects of the proposed use and development upon services delivered by political
subdivisions providing services to the subject real property within the planning jurisdiction of the
City of Meridian, subject to the following:
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTFIONAL USE PERMIT
PAGE 4 OF 29
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
1. Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
The applicant shall provide/construct the following amenities within the subdivision:
a. A minimum of 10% of the gross land area, or 14.0 acres, improved as usable
open space;
b. A 10-foot wide, public, asphalt pathway, built as a continuous system from
the west property line in Lot 55, Block 12, and extending to the east property
line (on the south side of W. Totem Pole Street);
c. Two (2) tot lots, where one is provided in Lot 6, Block 16 and the other is
constructed in one of the two private park lots.
4. Applicant shall construct a 5-foot, vinyl fence with 1-foot lattice on top along the
entire shazed boundary with Larkwood Subdivision.
5. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11
and 12) are approved as part of this application:
Lot Size- Citv Requirement Proposed Lot Sizes
R-4: 8,000 sq. ft. per lot 5,735 sq. ft. minimum per lot
House Size- City Requirement Proposed Minimum Area
1,400 sq. ft. minimum 1,201 sq. ft. minimum
Frontage- City Requirement Proposed Minimum Frontage
80' minimum 60' minimum (perpendiculaz
streets)
40' minimum (cul-de-sac) 30' minimum (cul de
sacs/curves)
Proposed Minimum Frontage of 24 feet that applies only to Lot 34, Block 28 in
order to create a legal lot with frontage this lot prior to internal street access being
made available. (Per action of the City Council taken at their Apri12Q 2004
meeting.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 5 OF 29
Cul-de-sac
Length- City Requirement Proposed Lengths
450' maximum 550' maximum
6. All azeas being counted toward the 10% open space amenity shall be free of "wet
ponds" or other such nuisances. All stormwater detention facilities incorporated into
the required open space are subject to MCC 12-13-14 and shall be fully vegetated
with grass and trees, as depicted on the submitted landscape plans.
The applicant shall coordinate with ACHD to provide either painted or other
pedestrian crosswalks at the intersections where the regional pathway crosses Joshua
Tree, Giant Saguaro, San Pedro and Red Horse Way.
8. Lots 26, 41, 43 and 44, Block 9 shall have a special condition, as agreed to with the
Lazkwood HOA, that no structure on these lots shall exceed a height of 25 feet.
B. Adopt the Recommendations of the Meridian Fire Department staff as follows:
1. The fire department has no objection to the request for longer cul-de-sac lengths.
C. Adopt the Recommendations of ACHD as follows:
1. Do NOT dedicate additional right-of--way on McMillan Road abutting this parcel.
2. Construct a 10-foot wide (minimum) asphalt pathway just north of the canal, as proposed.
3. Construct the main entrance, North Red Horse Way, to intersect McMillan Road
approximately 515-feet east of the west property line to align with the main entrance of
Cobre Basin Subdivision (aka Havasu Creek Subdivision), as proposed.
4. Construct an eastbound center turn lane at the intersection of McMillan Road and North
Red Horse Way. Install the left- turn lane either when the project begins construction or
when the warrant is met. The warrant will be met at the final platting of lot 115.
Coordinate the design of the tum lane with District staff.
5. Construct North Red Horse Way as a collector roadway with two travel lanes that are
separated by a center island with center turn pockets at each public roadway intersection
with vertical curb, gutter and 5-foot meandering concrete sidewalk within 75-feet of
right-of--way, as proposed. Provide the District with an easement for any part of the
sidewalk that extends outside of the right-of--way.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 6 OF 29
6. Construct Ocelot Court (from North Red Horse Way to the west), Red Hills Avenue
(from Joshua Tree Street to West Prickly Pear Court), West Prickly Pear Court, North
Saguaro Hills Place, North Cactus Hills Avenue, North Pinery Canyon Place, North
Claret Cup Place, and North Red Hills Place (from West Cholla Hills Street to the south)
as 29-foot street sections with curb, gutter and a 5-foot detached sidewalk within 50-feet
ofright-of--way, as proposed. Parking is restricted to one side and the applicant is
required to provide the District with documentation that showing the review and approval
from the Meridian Fire Department. . If the applicant would like to construct the 29-foot
street sections as 33-foot street sections with curb, gutter and sidewalk within 50-feet of
right-of--way, the applicant may do so.
7. Construct the remaining roadways as 33-foot street sections with curb, gutter and a 4-foot
detached concrete sidewalk within 50-feet ofright-of--way, as proposed.
Construct a 20-foot wide residential driveway for lot 4 block 11 that intersects North Red
Horse Way approximately 400-feet north of McMillan Road, as proposed.
9. Construct a stub street to the west property line approximately 1,950-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
10. Construct a stub street to the west property line approximately 750-feet south of the north
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
11. Construct a stub street to the north property line approximately 110-feet east of the west
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
12. Construct a stub street to the north property line approximately 900-feet west of the east
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
13. Construct a stub street to the north property line approximately 113-feet west of the east
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
14. Construct a stub street to the east property line approximately 120-feet south of the north
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Construct a stub street to the east property line to the 29.7-acre site located to the east of
the subject property. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMIT
PAGE 7 OF 29
16. Construct two standard cul-de-sac turnarounds within the subdivision, as proposed.
Provide a minimum fuming radius of 45-feet.
17. Construct four alternative turnazounds with pazking located in the center of the
turnarounds, as proposed. Provide a minimum turning radius of 18-feet, adequately
accommodate for drainage and provide the District with documentation showing the
review and approval of the non standard tumazound from the Meridian Fire Department.
Submit a design of the tumazound for review and approval by District Development
Division staff.
18. Construct center islands/medians within the public right-of--way of North Red Horse Way,
as proposed. Provide a minimum of a 20-foot street section on either side of any
proposed center island within the public roadway. The medians aze required to be
constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area.
19. Construct islands (with parking) within four of the proposed turnazounds, as proposed.
Provide a minimum of a 29-foot street section on either side of any proposed center
islands within the tumazounds. The medians are required to be constructed a minimum of
4-feet wide to total a minimum of a 100-square foot area.
20. Other than the access point that has been specifically approved with this application,
direct lot access to North Red Horse Way is prohibited. Notes of this restriction shall be
placed on the final plat.
21. Other than the access point that has been specifically approved with this application,
direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed
on the final plat.
22. Comply with all Standard Conditions of Approval.
D. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTl'IONAL USE PERMTT
PAGE 8 OF 29
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of the Water Department as follows:
As long as water meters and fire hydrants are not encroached upon, the reduced
lot sizes would be okay with the Department.
F. Adopt the action of the City Council taken at their Apri12Q 2004 meeting as follows:
For clarification:
1. Placed into record, and which is on file with the Meridian City Clerk's office, is the
Letter of Approval and Acceptance from Crrant and Joyce Lee, dated Apri120, 2004.
2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to
Lazkwood/Saguazo Canyon Agreements, agrees to provide the following:
a. A 25' height restriction (measurement at the peak, to allow for a second
story bonus room only) on 41ots in the Saguaro Canyon Subdivision along
the Lazkwood boundary (Lots 26, 41, 43 and 44, Block 9).
b. To construct a vinyl fence with 1' lattice on the top along the Larkwood
west boundary.
c. The Applicant has cut and reworked the lots on the original submittal from
27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots
remaining on the Lazkwood boundary average 13,268 square feet. These 20
lots are an average of 42.85% larger than the average lot in Saguaro
Canyon.
d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest,
LLC will also the any of the above mentioned ditches adjacent to the
Larkwood west boundary regardless of their minor meandering across the
legal lot lines.
e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining
Saguazo Canyon, providing the Larkwood homeowners transfer sufficient
water rights to the pump station diversion point to provide for these stubs.
3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the
corresponding preliminary plat PP-03-032, which removes several lots on the east,
west and north boundaries. The revised plat proposes 433 buildable lots (vs. 442)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 9 OF 29
and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other than the removal of
ten (10) lots, no other modifications were made to the corresponding preliminary
plat, PP-03-032, the Apri16, 2004 preliminary plat is approved.
4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the
5-acre Boyack lot).
5. A detailed fencing plan shall be submitted upon application ofthe final plat. A 5-foot
vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood
Subdivision. In addition, the Applicant has agreed to provide a stamped concrete
fence adjacent to Lots 1-9; Block 33 and Lot 37, Block 28.
6. Prior to City of Meridian approval of a new, single-family building permit
for the area shown as Lot 34, Block 28, the area shall be combined with Ada
County parcel 50530244450 (the existing driveway) to create a single flag
lot with frontage on Meridian Road. If not previously platted, said flag lot
shall be included in the first fmal plat submitted that is north of Phase 5 (the
existing Ada Co. pazcel 50530244350). Aone-time building permit is
allowed to be issued for Ada Co. parcel 50530244350 (the 60.89 acre
Boyack parcel) prior to final plat recordation. Any existing dwellingunits on
the parcel must be demolished prior to issuance of a new building permit.
7. A permanent pedestrian easement, in favor ofthe City of Meridian, shall be recorded
for the regional pathway in each phase of the subdivision. The public easement shall
be recorded for the pathway prior to occupancy of any structures in that particular
phase of the subdivision. Submit a copy of the recorded easement to the Planning
and Zoning and Parks Departments. The easement shall be sufficient width to cover
the 10-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide
in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa
Bluffs Street. Buildings are precluded from constructing within this easement. The
10-foot wide hard surfaced pathway shall be constructed and fully improved prior to
the issuance of the first Certificate of Occupancy for any building within the phase.
Additionally, a note shall be added to the face of each final plat indicating the City of
Meridian is responsible for the maintenance ofthe pathway surface located within the
easement. Applicant shall conform to the Park's Department standards for
construction of the regional pathway. The Homeowner's Association is responsible
for maintenance of all landscaping adjacent to the pathway.
8. Pertaining to the 24 foot access road, which will come in up in Phase 10, and which
the Boyack 5-acre property is part of the total parcel in this annexation and zoning,
the 24 foot access road shall be regulated as follows:
Within the Development Agreement there shall be a provision that the 24 foot lane
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 10 OF 29
will be limited to use for one single-family residence on that five acres and no others,
until such time as either that residence obtains other access, other public access,
and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack
property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for
sale to either the property owner on the north or the property owner on the south, at
appraised fair mazket value.
9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's
representative, addressed the neighboring property owners concerns over traffic,
density/transition, and collector roads. It is noted at the public hearing by Dave
McKinnon as follows:
Tra cc: Traffic has always been a concem, and there has been a recent concern with
the North Meridian Area Plan, as far as what is actually happening with it presently.
The impact fees that are paid for these types of projects aze spent in different azeas
currently, and you cannot have change in the road system without the impact fees.
Without the development there are no impact fees, and there would not be the money
to pay for the growth or for improvements in the roads in the future. This growth is
helping to pay, through ACHD, for the fixing and building ofroads in other areas and
in the future these roads will be fixed and maintained by ACRD.
Due to a lazge ditch that runs along McMillan Road the developer is not able to
construct a secondary access onto McMillan Road.
Densitv/Transition: The reason for the 90 degree pie-shaped lots, which are located
on the rear eastern end of the project, are that these lots would be only approximately
two lots for every single one within Larkwood. Across the street the lots step down
to 10,000 squaze feet; and which 10,000 square foot lots are still lazger than the
minimum lot size. As you go farther back into the subdivision until you cross the
collector street those lots become smaller. The lots within the subdivision range from
9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior ofthe subdivision are
large lots. The smaller lots aze located adjacent to the school site, to the
Ashenbrenner's site, and across the collector street, to help provide for transition.
The transition expands from east to west within the subdivision.
Collector Roads: The City would like to see collector streets at the half-mile, but
they don't have to align directly with the half mile, (such as the Lochsa Falls
development).
The Priddy property does not want traffic running right along the side of their home
and property, and the need for buffering this azea could be addressed by having the
street come in at the half-mile location, and then jog to the south. This would
provide a buffer to the 24 foot wide street. The Developer is in agreement of getting
rid of the 24 foot wide road once everything is developed. Upon complete build out
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 11 OF 29
of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something
that the Wilsons would have to work out with the Ashenbrenner property owners.
14. It is found that the subject property is large enough to accommodate the requested use
and all other required features required by ordinance.
15. It is found that the requested zoning designation, R-4, is harmonious with and in
accordance with the effective Comprehensive Plan ('02) and the Future Land Use Map, which
designates the land to be "Medium Density Residential". There is a minimum target density ofthree
(3) du/acre in the Comprehensive Plan and Saguaro Canyon's gross density is 3.09 du/acre. The
Future Land Use Map shows a potential public park site, regional pathway, and future school site in
this section. The Applicant proposes to construct a 10-foot-wide regional path from the parcel's
west boundary to the northeast boundary. Joint School District No. 2 has purchased 40 acres of the
110-acre Aschenbrenner pazcel to the west for a middle school site and they are not pursuing any
further land acquisitions in Section 30 at this time. There is no awareness that any efforts of the
Meridian Parks and Recreation Department is undertaking to acquire land within this section for a
public park.
The Comprehensive Plan contains policies which encourage development to be phased in
accordance with their connection to the sewer system (policy #8, page 108 )and similar policies
aimed at controlling growth. The majority ofthis development precedes the permanent sewer trunk
line that is intended to serve this azea (North Slough).
The Comprehensive Plan policies which generally support the annexation request are as
follows:
Ch. V, Goal III, Obj. B. #7
Ch. VI, Bullet #2, pg. 71
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 12 OF 29
Ch. VI, Bullet #5, pg. 71
Ch. VI, Bullet #1, pg. 73
Ch. VI, Goal II, Obj. A, #5
Ch. VI, Goal II, Obj. A, #6
Ch. VII, Goal III, Obj. B, #3
Ch. VII, Goal VI, Obj. C, #3
Ch. VI, Goal IV, Obj. A, #10
Ch. VI, Goal IV, Obj. A, #13
Ch. VII, Goal V, Obj. A, #8
16. It is found that the land directly south of the subject property was approved for
development similaz to the proposed subdivision in 2002 (Cobre Basin/Havasu Creek). There is an
existing church (Holy Apostle's Catholic) approximately 260 feet north of this property's north
boundary. Also, a new elementary school is currently being constructed in the northeast comer ofthe
section (approved through Ada County), approximately 1,000 feet from the subject parcel. It is found
that the requested zoning district (R-4) is harmonious with several other approved developments in
the North Meridian Area (e.g. Havasu Creek, Bridgetower, Lochsa Falls, Cedar Springs).
Neither McMillan or Meridian Road (between Chinden and McMillan) aze programmed
within ACHD's Five Year Work Program. McMillan Road is in ACHD's Capital Improvement
Program and is anticipated to be reconstructed in 2018. The property is designed to sewer into a
portion of the North Slough Trunk that is not yet constructed.
It is found that the requested zoning and annexation could be deemed premature for this
secfion (T.4N., R.1 E, Section 30) based on the Comprehensive Plan policies noted above. However,
the approval of Havasu Creek Subdivision and the school district's intent to construct a new Middle
School in the next two to three years demonstrates a certain degree of intent for the City to expand in
this area.
It is found that the proposed single family residential use will change the existing rural
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 13 OF 29
character of the subject property. There are two estate-style properties abutting the west boundary
and a low density, county development to the east. Neither of these is expected to redevelop in the
near future. The intended character of the vicinity is a mix ofurban and suburban scale developments
on a generally gridded street system with a focus on single family and multi-family housing at 3 to 8
d.u./acre. The proposed use is compatible with the Future Land Use Map. The design and density
conforms to most of the Comprehensive Plan policies.
17. It is not anticipated that the proposed residential uses will be hazardous. However, it
is found that the new residences may be disruptive to existing agricultural practices to the west and
north.
18. It is found that the property to be annexed will or can be served adequately by most
essential public facilities and services if all conditions of approval are met by the applicant. The
applicant shall be required to extend water mains to and through the proposed development, thereby
making them available to the adj acent properties. The applicant and/or future property owners will be
required to pay park and highway impact fees as well as construct on-site stormwater drainage
facilities.
The north two-thirds of the parcel are not served by sanitary sewer. The applicant should
present more details to the City regarding how they will provide or coordinate the extension of the
North Slough Trunk.
Please review ACHD, Police and the Fire Department's comments concerning this
subdivision for further information regarding public services and facilities.
19. It is found that there will not be excessive additional requirements at public cost
for public services and facilities, if the applicant complies with the conditional use permit
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERNIIT
PAGE 14 OF 29
conditions, and the conditions of approval for the accompanying annexation and zoning and
preliminary plat. It is found that the development will require public expenditures for extending
the North Slough Trunk. Specifically, the Public Works must enter into a contract with a private
firm to acquire easements, design and construct the line. The funding for this extension is
budgeted in the FY04 budget, with a preliminary estimated schedule of construction completion
by June 2005.
20. It is recognized that traffic and noise will increase significantly upon build-out ofthe
proposed subdivision. Refer to the TIS prepared by WGI that accompanies the annexation and
zoning application for specific details on traffic impacts. Specifically, the Red Horse Way/McMillan
intersection (serving both Havasu Creek and Saguaro Canyon) will create congestion on McMillan
Road, even with the center turn lane and right turn lanes constructed. However, it is not felt that the
amount generated will be detrimental to the public welfare if all City and ACHD conditions of
approval are met.
It is found that the proposed subdivision will not involve uses that would create other
nuisances that would be detrimental to the general welfare of the surrounding area.
21. It is recognized that traffic and noise will increase significantlyuponbuild-out ofthe
proposed subdivision. Refer to the TIS prepared by WGI that accompanies the annexation and
zoning application for specific details on traffic impacts. Specifically, the Red Horse Way/McMillan
intersection (serving both Havasu Creek and Saguaro Canyon) will create congestion on McMillan
Road, even with the center turn lane and right turn lanes constructed. However, it is not felt that the
amount generated will be detrimental to the public welfare if al] City and ACHD conditions of
approval are met.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 15 OF 29
It is found that the proposed subdivision will not involve uses that would create other
nuisances that would be detrimental to the general welfare of the surrounding area.
It is found that the subdivision's vehicular approach off of McMillan Road will need to be
aligned with the existing public street on the south side of McMillan and comply with the turn lane
and intersection control condifions imposed by ACHD. The other proposed roadways will need to be
improved in compliance with ACHD requirements in order to alleviate interference with the existing
and proposed intersections.
Review of the ACHD comments concerning vehiculaz approaches and traffic generation will
provide additional information. ACHD has approved the Saguaro Canyon application.
22. It is found that no natural or scenic features of major importance will be lost or
damaged by approving the annexation and re-zone. The North Slough does bisect the property and is
proposed to be piped underground. However, this facility is not considered to be a feature of"major
importance" for the community. Any existing trees larger than 4" caliper that are removed shall be
mitigated for, per the Landscape Ordinance.
CONCLUSIONS OF LAW
The City of Meridian shall exercise the powers conferred upon it by the "Local
Land Use Planning Act of 1975" hereinafter referred to for convenience as the "Act" codified at
Chapter 65, Title 67, Idaho Code (LC. §67-6503).
2. The Meridian City Council may exercise all the powers required and authorized
under the "Act" except the power to adopt ordinances by the establishment of a Planning and
Zoning Commission by ordinance pursuant to Idaho Code Section 67-6504 which the City
Council of the City of Meridian has established by the passage of the "City of Meridian Zoning
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERMIT
PAGE 16 OF 29
and Development Ordinance" at Titles XI and XII, Chapter I, Meridian City Code.
As part of a zoning ordinance the City Council can, subject to hearing and notice
provision required, provide for the process of special and/or conditional use permits which a
proposed use is otherwise prohibited by the terms of the ordinance but allowed with conditions
under the specific provisions of the ordinance which the City of Meridian has done in the
adoption of its zoning ordinances.
4. The City Council has the duty and responsibility to review the facts and
circumstances of each application for special use permit to determine prior to granting the same
that the evidential showing supports the finding that the following standards are met and that the
proposed development: (Meridian City Code § 11-17-3)
a. That the site is large enough to accommodate the proposed use and all yazds,
open spaces, parking, landscaping and other features as may be required by this Ordinance;
b. That the proposed use and development plan will be harmonious with the
Meridian Comprehensive Plan and in accordance with the requirements of this Ordinance;
c. That the design, construction, operation and maintenance will be compatible with
other uses in the general neighborhood and with the existing or intended character of the general
vicinity and that such use will not adversely change the essential character of the same azea;
d. That the proposed use, if it complies with all conditions of the approval imposed,
will not adversely affect other property in the vicinity;
e. That the proposed use will be served adequately by essential public facilities and
services such as highways, streets, schools, parks, police and fire protection, drainage structures,
refuse disposal, water, sewer; or that the person responsible for the establishment of the proposed
conditional use shall be able to provide adequately any such services;
f. That the proposed use will not create excessive additional cost for public
facilities and services and will not be detrimental to the economic welfare of the community;
g. That the proposed use will not involve activities or processes, materials,
equipment and conditions of operation that will be detrimental to any persons, property or the
general welfare by reason of excessive production of traffic, noise, smoke, fumes, glaze or odors;
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 17 OF 29
h. That the proposed use will have vehiculaz approaches to the property which shall
be so designed as not to create interference with traffic on surrounding public streets; and
i. That the proposed use will not result in the destruction, loss or damage of a
natural, scenic or historic feature considered to be of major importance.
5. Prior to granting a conditional use permit in the Low Density Residential District
(R-4), a public hearing shall be conducted with notice to be published and provided to property
owners or purchasers of record within three hundred feet (300') of the external boundaries of the
land under consideration for the conditional use permit all in accordance with the provisions of
Meridian City Code § 11-17-5 City of Meridian Zoning and Development Ordinance, which
provides as follows:
"Prior to approving a Conditional Use Pennit, the applicant and the Commission and
Council shall follow notice and hearing procedures provided in Chapter 15 of this Title.
Provided, however, that conditional use applications for land in Old Town and in
industrial and commercial districts shall only be required to have one public hearing
which shall be held before the Planning and Zoning Commission; and after the
recommendation of the Commission is made, the application shall go before the City
Council without a public hearing and the Council may approve, deny, or modify the
recommendation of the Commission."
6. Following the public hearing and within 45 days after the conclusion of the
public hearing the Commission shall, transmit its recommendations to the Meridian City Council
with supportive reasons. The Commission shall recommend that the application be approved,
approved with conditions or denied. The Commission shall ensure that any approval or approval
with conditions of an application shall be in accordance with Meridian Comprehensive Plan, City
of Meridian Zoning and Development Ordinance, and Idaho State law. (Meridian City Code §
11-17-6)
When the City Council approves a conditional use permit it may impose
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERMIT
PAGE 18 OF 29
conditions of that approval that reasonably:
A. Minimize adverse impact on other development;
B. Control the sequence and timing of development;
C. Control the duration of development;
D. Assure that the development is maintained property;
E. Designate the exact location and nature of the development;
F. Require the provision for on-site public facilities or services; and
G. Require more restrictive standards than those generally required, in this
Ordinance.
8. The City of Meridian has, by ordinance, established the Impact Area and the
Amended Comprehensive Plan of the City of Meridian, which was adopted August 6, 2002,
Resolution No. 02-382 and Maps.
DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT SUBJECT TO CONDITIONS NOW,
THEREFORE, BASED UPON THE ABOVE AND FOREGOING FINDINGS OF FACT
AND CONCLUSIONS OF LAW, the City Council does hereby ORDER and this does
Order that:
That the above named applicant is granted a conditional use permit for a Planned
Development for single family residential use with reduced lot sizes, lot frontages, house sizes
and increased block lengths for cul-de-sacs on 140.97 acres in a proposed R-4 zone for Saguazo
Canyon Estates Subdivision located within Section 30, T4N, R1E, the square mile bordered by
Chinden Blvd, Meridian, Locust Grove and McMillan Roads, Meridian, Idaho, subject to the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 19 OF 29
following conditions of use and development, subject to the following:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall meet all of the requirements of the preliminaryplat as a condition ofthe
Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
3. The applicant shall provide/construct the following amenities within the subdivision:
a. A minimum of 10% of the gross land area, or 14.0 acres, improved as usable
open space;
b. A 10-foot wide, public, asphalt pathway, built as a continuous system from
the west property line in Lot 55, Block 12, and extending to the east property
line (on the south side of W. Totem Pole Street);
c. Two (2) tot lots, where one is provided in Lot 6, Block 16 and the other is
constructed in one of the two private park lots.
4. Applicant shall construct a 5-foot, vinyl fence with 1-foot latfice on top along the
entire shared boundary with Larkwood Subdivision.
The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11
and 12) are approved as part of this application:
Lot Size- City Reauirement
R-4: 8,000 sq. ft. per lot
House Size- Citv Reauirement
1,400 sq. ft. minimum
Frontage- City Requirement
80' minimum
40' minimum (cul-de-sac)
Proposed Lot Sizes
5,735 sq. ft. minimum per lot
Pronosed Minimum Area
1,201 sq. ft. minimum
Pronosed Minimum Frontagce
60' minimum (perpendicular
streets)
30' minimum (cul de
sacs/curves)
Proposed Minimum Frontage of 24 feet that applies only to Lot 34, Block 28 in
order to create a legal lot with frontage this lot prior to internal street access being
made available. (Per action of the City Council taken at their Apri120, 2004
meeting.)
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 20 OF 29
Cul-de-sac
Length- City Requirement Pronosed Lengths
450' maximum 550' maximum
6. All areas being counted toward the 10% open space amenity shall be free of "wet
ponds" or other such nuisances. All stormwater detention facilities incorporated into
the required open space are subject to MCC 12-13-14 and shall be fully vegetated
with grass and trees, as depicted on the submitted landscape plans.
The applicant shall coordinate with ACHD to provide either painted or other
pedestrian crosswalks at the intersections where the regional pathway crosses Joshua
Tree, Giant Saguaro, San Pedro and Red Horse Way.
Lots 26; 41, 43 and 44, Block 9 shall have a special condition, as agreed to with the
Larkwood HOA, that no structure on these lots shall exceed a height of 25 feet.
B. Adopt the Recommendations of the Meridian Fire Department staff as follows:
1. The fire department has no objection to the request for longer cul-de-sac lengths.
C. Adopt the Recommendations of ACHD as follows:
1. Do NOT dedicate additional right-of--way on McMillan Road abutting this parcel.
2. Construct a 10-foot wide (minimum) asphalt pathway just north of the canal, as
proposed.
3. Construct the main entrance, North Red Horse Way, to intersect McMillan Road
approximately 515-feet east of the west property line to align with the main entrance
of Cobre Basin Subdivision (aka Havasu Creek Subdivision), as proposed.
4. Construct an eastbound center turn lane at the intersection of McMillan Road and
North Red Horse Way. Install the left- tum lane either when the project begins
construction or when the warrant is met. The warrant will be met at the final
platting of lot 115. Coordinate the design of the turn lane with District staff:
5. Construct North Red Horse Way as a collector roadway with two travel lanes that
are separated by a center island with center tum pockets at each public roadway
intersection with vertical curb, gutter and 5-foot meandering concrete sidewalk
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 21 OF 29
within 75-feet ofright-of--way, as proposed. Provide the District with an easement
for any part of the sidewallc that extends outside of the right-of--way.
6. Construct Ocelot Court (from North Red Horse Way to the west), Red Hills Avenue
(from Joshua Tree Street to West Prickly Pear Court), West Prickly Peaz Court,
North Saguazo Hills Place, North Cactus Hills Avenue, North Pinery Canyon Place,
North Claret Cup Place, and North Red Hills Place (from West Cholla Hills Street
to the south) as 29-foot street sections with curb, gutter and a 5-foot detached
sidewalk within 50-feet ofright-of--way, as proposed. Parking is restricted to one
side and the applicant is required to provide the District with documentation that
showing the review and approval from the Meridian Fire Department. . If the
applicant would like to construct the 29-foot street sections as 33-foot street
sections with curb, gutter and sidewalk within 50-feet ofright-of--way, the applicant
may do so.
7. Construct the remaining roadways as 33-foot street sections with curb, gutter and a
4-foot detached concrete sidewalk within 50-feet ofright-of--way, as proposed.
8. Construct a 20-foot wide residential driveway for lot 4 block 11 that intersects
North Red Horse Way approximately 400-feet north of McMillan Road, as
proposed.
9. Construct a stub street to the west property line approximately 1,950-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
10. Construct a stub street to the west property line approximately 750-feet south of the
north property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
11. Construct a stub street to the north property line approximately 110-feet east of the
west property line, as proposed. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
12. Construct a stub street to the north property line approximately 900-feet west of the
east property line, as proposed. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
13. Construct a stub street to the north property line approximately 113-feet west of the
east property line, as proposed. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 22 OF 29
14. Construct a stub street to the east property line approximately 120-feet south of the
north property line, as proposed. Install a sign at the terminus of the roadway
stating that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Construct a stub street to the east property line to the 29.7-acre site located to the
east of the subject property. Install a sign at the terminus of the roadway stating
that, "THIS ROAD WILL BE EXTENDED IN THE FUTURE".
16. Construct two standard cul-de-sac turnazounds within the subdivision, as
proposed. Provide a minimum turning radius of 45-feet.
17. Construct four alternative tumazounds with parking located in the center of the
turnarounds, as proposed. Provide a minimum turning radius of 18-feet,
adequately accommodate for drainage and provide the District with
documentation showing the review and approval of the non standard turnaround
from the Meridian Fire Department. Submit a design of the turnaround for review
and approval by District Development Division staff.
18. Construct center islands/medians within the publicright-of--way of North Red
Horse Way, as proposed. Provide a minimum of a 20-foot street section on either
side of any proposed center island within the public roadway. The medians aze
required to be constructed a minimum of 4-feet wide to total a minimum of a 100-
squaze foot area.
19. Construct islands (with pazking) within four of the proposed turnarounds, as
proposed. Provide a minimum of a 29-foot street section on either side of any
proposed center islands within the turnarounds. The medians are required to be
constructed a minimum of 4-feet wide to total a minimum of a 100-square foot
area.
20. Other than the access point that has been specifically approved with this
application, direct lot access to North Red Horse Way is prohibited. Notes of this
restriction shall be placed on the final plat.
21. Other than the access point that has been specifically approved with this
application, direct lot access to McMillan Road is prohibited. Notes of this
restriction shall be placed on the final plat.
22. Comply with all Standard Conditions of Approval.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERNIIT
PAGE 23 OF 29
D. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
3. Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stormwater management system that prevents groundwater and surface water
degradation.
E. Adopt the Recommendafions of the Water Department as follows:
As long as water meters and fire hydrants are not encroached upon, the reduced lot
sizes would be okay with the Department.
F. Adopt the action of the City Council taken at their Apri120, 2004 meeting as follows:
For clarification:
1. Placed into record, and which is on file with the Meridian City Clerk's office, is the
Letter of Approval and Acceptance from Grant and Joyce Lee, dated Apri120, 2004.
2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to
Lazkwood/Saguaro Canyon Agreements, agrees to provide the following:
a. A 2S height restriction (measurement at the peak, to allow for a second story
bonus room only) on 4 lots in the Saguaro Canyon Subdivision along the
Lazkwood boundary (Lots 26, 41, 43 and 44, Block 9).
b. To construct a vinyl fence with 1' lattice on the top along the Lazkwood west
boundary.
c. The Applicant has cut and reworked the lots on the original submittal from 27
buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots
remaining on the Lazkwood boundary average 13,268 square feet. These 20
lots aze an average of 42.85% lazger than the average lot in Saguaro Canyon.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTI'IONAL USE PERNIIT
PAGE 24 OF 29
d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest, LLC
will also the any of the above mentioned ditches adjacent to the Lazkwood
west boundary regazdless oftheir minor meandering across the legal lot lines.
e. Provide a pressurized irrigation stub to each of the Larkwood lots adjoining
Saguazo Canyon, providing the Larkwood homeowners transfer sufficient
water rights to the pump station diversion point to provide for these stubs.
3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the
corresponding preliminary plat PP-03-032, which removes several lots on the east,
west and north boundaries. The revised plat proposes 433 buildable lots (vs. 442)
and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other than the removal of
ten (10) lots, no other modifications were made to the corresponding preliminary
plat, PP-03-032, the Apri16, 2004 preliminary plat is approved.
4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the
5-acre Boyack lot).
A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot
vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood
Subdivision. In addition, the Applicant has agreed to provide a stamped concrete
fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28.
6. Prior to City of Meridian approval of a new, single-family building permit
for the area shown as Lot 34, Block 28, the area shall be combined with Ada
County parcel 50530244450 (the existing driveway) to create a single flag
lot with frontage on Meridian Road. If not previously platted, said flag lot
shall be included in the first final plat submitted that is north ofPhase 5 (the
existing Ada Co. parcel 50530244350). Aone-time building permit is
allowed to be issued for Ada Co. parcel S0530244350 (the 60.89 acre
Boyack parcel) prior to final plat recordation. Any existing dwelling units on
the parcel must be demolished prior to issuance of a new building permit.
A permanent pedestrian easement, in favor of the City of Meridian, shall be recorded
for the regional pathway in each phase of the subdivision. The public easement shall
be recorded for the pathway prior to occupancy of any structures in that particular
phase of the subdivision. Submit a copy of the recorded easement to the Planning
and Zoning and Parks Departments. The easement shall be sufficient width to cover
the 10-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide
in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa
Bluffs Street. Buildings aze precluded from constructing within this easement. The
10-foot wide hard surfaced pathway shall be constructed and fully improved prior to
the issuance of the first Certificate of Occupancy for any building within the phase.
Additionally, a note shall be added to the face of each final plat indicating the City of
Meridian is responsible for the maintenance of the pathway surface located within the
FIlVDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 25 OF 29
easement. Applicant shall conform to the Park's Department standazds for
construction of the regional pathway. The Homeowner's Association is responsible
for maintenance of all landscaping adjacent to the pathway.
8. Pertaining to the 24 foot access road, which will come in up in Phase 10, and which
the Boyack 5-acre property is part of the total parcel in this annexation and zoning,
the 24 foot access road shall be regulated as follows:
Within the Development Agreement there shall be a provision that the 24 foot lane
will be limited to use for one single-family residence on that five acres and no others,
until such time as either that residence obtains other access, other public access,
and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack
property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for
sale to either the property owner on the north or the property owner on the south, at
appraised fair market value.
9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's
representative, addressed the neighboring property owners concerns over traffic,
density/transition, and collector roads. It is noted at the public hearing by Dave
McKinnon as follows:
Tra ac: Traffic has always been a concern, and there has been a recent concern with
the North Meridian Area Plan, as far as what is actually happening with it presently.
The impact fees that aze paid for these types of projects aze spent in different azeas
currently, and you cannot have change in the road system without the impact fees.
Without the development there are no impact fees, and there would not be the money
to pay for the growth or for improvements in the roads in the future. This growth is
helping to pay, through ACHD, for the fixing and building of roads in other azeas and
in the future these roads will be fixed and maintained by ACHD.
Due to a large ditch that runs along McMillan Road the developer is not able to
construct a secondary access onto McMillan Road.
Density/Transition: The reason for the 90 degree pie-shaped lots, which are located
on the rear eastern end of the project, are that these lots would be only approximately
two lots for every single one within Larkwood. Across the street the lots step down
to 10,000 square feet; and which 10,000 squaze foot lots are still larger than the
minimum lot size. As you go farther back into the subdivision until you cross the
collector street those lots become smaller. The lots within the subdivision range from
9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior of the subdivision are
large lots. The smaller lots are located adjacent to the school site, to the
Ashenbrenner's site, and across the collector street, to help provide for transition.
The transition expands from east to west within the subdivision.
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERNIIT
PAGE 26 OF 29
Collector Roads: The City would like to see collector streets at the half-mile, but
they don't have to align directly with the half mile, (such as the Lochsa Falls
development).
The Priddy property does not want traffic running right along the side of their home
and property, and the need for buffering this azea could be addressed by having the
street come in at the half-mile location, and then jog to the south. This would
provide a buffer to the 24 foot wide street. The Developer is in agreement of getting
rid of the 24 foot wide road once everything is developed. Upon complete build out
of the Saguazo Canyon Subdivision, then the 24 foot wide access road is something
that the Wilsons would have to work out with the Ashenbrenner property owners.
2. The conditions shall be reviewable by the Council pursuant to Meridian City Code
§ 11-17-9.
3. The above conditions are concluded to be reasonable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. That the City Attorney draft an Order Granting Conditional Use Permit
in accordance with this Decision, which shall be signed by the Mayor and City Clerk and then a
copy served by the Clerk upon the applicant, the Planning and Zoning Department, the Public
Works Department and any affected party requesting notice.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council. During this time, the permit
holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. In this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 27 OF 29
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the future phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGIIT TO REGULATORY TAKINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the fmal decision concerning the matter at
issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an
interest in real property which maybe adversely affected by the issuance or denial of the
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDTTIONAL USE PERNIIT
PAGE 28 OF 29
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the day of
2004.
ROLL CALL:
COUNCILMAN SHAUN WARDLE VOTED
COUNCILMAN BILL NARY VOTED
COUNCILMAN CHARLIE ROUNTREE VOTED
COUNCILMAN KEITH BIRD VOTED
MAYOR TAMMY de WEERD (TIE BREAKER) VOTED
DATED:
MOTION:
APPROVED: DISAPPROVED:
Attest:
William G. Berg, Jr., City Clerk
Mayor Tammy de Weerd
Copy served upon Applicant, Planning and Zoning Department, Public Works
Department and the City Attorney.
By:
City Clerk
Dated:
Z:\Woi9dM\MertdianVNeridian 15360M~Saguaro Canyon Estates Sub AZ-03-027 PP-03A32 CUPA3-O58\FtUIsCUP03-0S8.dac
FINDINGS OF FACT AND CONCLUSIONS OF LAW AND DECISION AND ORDER
GRANTING CONDITIONAL USE PERMIT
PAGE 29 OF 29
BEFORE THE CITY COUNCIL OF THE CITY OF MERIDIAN
C/C 02/10/04
C/C 03/09/04
C/C 03/23/04
C/C 04/13/04
C/C 04/20/04
IN THE MATTER OF THE
REQUEST FOR CONDITIONAL
USE PERMIT FOR A PLANNED
DEVELOPMENT FOR SAGUARO
CANYON ESTATES SUBDIVISION
IN AN R-4 ZONE, LOCATED
WITHIN SECTION 30, T4N, R1E,
THE SQUARE MILE BORDERED
BY CHINDEN BLVD., MERIDIAN,
LOCUST GROVE AND McMILLAN
ROADS, MERH)IAN, IDAHO
FARWEST, LLC,
APPLICANT
Case No. CUP-03-058
ORDER GRANTING
CONDITIONAL USE PERMIT
1. This matter coming before the City Council on February 10, 2004, and re-noticed
for Mazch 9, 2004, and continued until Mazch 23, 2004, April 13, 2004, and Apri120, 2004,
under the provisions of Meridian City Code § 11-17-4 for final action on conditional use permit
application and the Council having received and approving the Recommendation of the Planning
and Zoning Commission the Council takes the following action:
2. That the above named applicant is granted a conditional use permit for a Planned
Development for single family residential use with reduced lot sizes, lot frontages, house sizes,
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and increased block lengths for cul-de-sacs on 140.97 acres in a proposed R-4 zone for Saguaro
Canyon Estates Subdivision located within Section 30, T4N, R1E, the square mile bordered by
Chinden Blvd, Meridian, Locust Grove and McMillan Roads, Meridian, Idaho, subject to the
following conditions of use and development:
A. Adopt the Recommendations of the Planning and Zoning and Engineering staff as
follows:
Applicant shall meet all of the requirements of the preliminary plat as a condition of
the Conditional Use Permit.
2. All development shall comply with the Americans with Disabilities Act and the Fair
Housing Act.
3. The applicant shall provide/construct the following amenities within the subdivision:
a. A minimum of 10% of the gross land area, or 14.0 acres, improved as usable
open space;
b. A 10-foot wide, public, asphalt pathway, built as a continuous system from
the west property line in Lot 55, Block 12, and extending to the east property
line (on the south side of W. Totem Pole Street);
c. Two (2) tot lots, where one is provided in Lot 6, Block 16 and the other is
constructed in one of the two private park lots.
4. Applicant shall construct a 5-foot, vinyl fence with 1-foot lattice on top along the
entire shared boundary with Larkwood Subdivision.
5. The following deviations from the Zoning and Subdivision Ordinance (MCC Title 11
and 12) are approved as part of this application:
Lot Size- City Requirement Pronosed Lot Sizes
R-4: 8,000 sq. ft. per lot 5,735 sq. ft. minimum per lot
House Size- City Requirement Pronosed Minimum Area
1,400 sq. ft. minimum 1,201 sq. ft. minimum
Frontage- Citv Requirement Proposed Minimum Frontage
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80' minimum
40' minimum (cul-de-sac)
60' minimum (perpendicular
streets)
30' minimum (cul de
sacs/curves)
Proposed Minimum Frontage of 24 feet that applies only to Lot 34, Block 28 in
order to create a legal lot with frontage this lot prior to internal street access being
made available. (Per action of the City Council taken at their Apri120, 2004
meeting.)
Cul-de-sac
Length- City Requirement Proposed Leneths
450' maximum 550' maximum
6. All areas being counted toward the 10% open space amenity shall be free of "wet
ponds" or other such nuisances. All stormwater detention facilities incorporated into
the required open space are subject to MCC 12-13-14 and shall be fully vegetated
with grass and trees, as depicted on the submitted landscape plans.
The applicant shall coordinate with ACRD to provide either painted or other
pedestrian crosswalks at the intersections where the regional pathway crosses Joshua
Tree, Giant Saguaro, San Pedro and Red Horse Way.
8. Lots 26, 41, 43 and 44, Block 9 shall have a special condition, as agreed to with the
Larkwood HOA, that no structure on these lots shall exceed a height of 25 feet.
B. Adopt the Recommendations of the Meridian Fire Department staff as follows:
The fire department has no objection to the request for longer cul-de-sac lengths.
C. Adopt the Recommendations of ACRD as follows:
1. Do NOT dedicate additional right-of--way on McMillan Road abutting this parcel.
2. Construct a 10-foot wide (minimum) asphalt pathway just north of the canal, as proposed.
3. Construct the main entrance, North Red Horse Way, to intersect McMillan Road
approximately 515-feet east of the west property line to align with the main entrance of
Cobre Basin Subdivision (aka Havasu Creek Subdivision), as proposed.
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4. Construct an eastbound center tum lane at the intersection of McMillan Road and North
Red Horse Way. Install the left- turn lane either when the project begins construction or
when the warrant is met. The warrant will be met at the final platting of lot 115.
Coordinate the design of the turn lane with District staff.
5. Construct North Red Horse Way as a collector roadway with two travel lanes that are
separated by a center island with center turn pockets at each public roadway intersection
with vertical curb, gutter and 5-foot meandering concrete sidewalk within 75-feet of
right-of--way, as proposed. Provide the District with an easement for any part of the
sidewalk that extends outside of the right-of--way.
6. Construct Ocelot Court (from North Red Horse Way to the west), Red Hills Avenue
(from Joshua Tree Street to West Prickly Pear Court), West Prickly Pear Court, North
Saguaro Hills Place, North Cactus Hills Avenue, North Pinery Canyon Place, North
Claret Cup Place, and North Red Hills Place (from West Cholla Hills Street to the south)
as 29-foot street sections with curb, gutter and a 5-foot detached sidewalk within 50-feet
ofright-of--way, as proposed. Parking is restricted to one side and the applicant is
required to provide the District with documentation that showing the review and approval
from the Meridian Fire Department.. If the applicant would like to construct the 29-foot
street sections as 33-foot street sections with curb, gutter and sidewalk within 50-feet of
right-of--way, the applicant may do so.
7. Construct the remaining roadways as 33-foot street sections with curb, gutter and a 4-foot
detached concrete sidewalk within 50-feet ofright-of--way, as proposed.
Construct a 20-foot wide residential driveway for lot 4 block 11 that intersects North Red
Horse Way approximately 400-feet north of McMillan Road, as proposed.
9. Construct a stub street to the west property line approximately 1,950-feet north of
McMillan Road, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
10. Construct a stub street to the west property line approximately 750-feet south of the north
property line, as proposed. Install a sign at the terminus of the roadway stafing that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
11. Construct a stub street to the north property line approximately 110-feet east of the west
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
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12. Construct a stub street to the north property line approximately 900-feet west of the east
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
13. Construct a stub street to the north property line approximately 113-feet west of the east
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
14. Construct a stub street to the east property line approximately 120-feet south of the north
property line, as proposed. Install a sign at the terminus of the roadway stating that,
"THIS ROAD WILL BE EXTENDED IN THE FUTURE".
15. Construct a stub street to the east property line to the 29.7-acre site located to the east of
the subject property. Install a sign at the terminus of the roadway stating that, "THIS
ROAD WILL BE EXTENDED IN THE FUTURE".
16. Construct two standazd cal-de-sac tumazounds within the subdivision, as proposed.
Provide a minimum turning radius of 45-feet.
17. Construct four alternative turnarounds with parking located in the center of the
turnarounds, as proposed. Provide a minimum taming radius of 18-feet, adequately
accommodate for drainage and provide the District with documentation showing the
review and approval of the non standard turnazound from the Meridian Fire Department.
Submit a design of the turnazound for review and approval by District Development
Division staff.
18. Construct center islands/medians within the publicright-of--way of North Red Horse Way,
as proposed. Provide a minimum of a 20-foot street section on either side of any
proposed center island within the public roadway. The medians are required to be
constructed a minimum of 4-feet wide to total a minimum of a 100-square foot area.
19. Construct islands (with parking) within four of the proposed turnarounds, as proposed.
Provide a minimum of a 29-foot street section on either side of any proposed center
islands within the turnarounds. The medians aze required to be constructed a minimum of
4-feet wide to total a minimum of a 100-square foot area.
20. Other than the access point that has been specifically approved with this application,
direct lot access to North Red Horse Way is prohibited. Notes of this restriction shall be
placed on the final plat.
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21. Other than the access point that has been specifically approved with this application,
direct lot access to McMillan Road is prohibited. Notes of this restriction shall be placed
on the final plat.
22. Comply with all Standard Conditions of Approval.
D. Adopt the Recommendations of the Central District Health Department as follows:
1. This proposal can be approved for central sewage & central water after written
approval from appropriate entities is submitted.
2. The Applicant's central sewage and central water plans must be submitted to and
approved by the Idaho Department of Health & Welfare, Division of Environmental
Quality.
Run-off is not to create a mosquito breeding problem.
4. Stormwater shall be pretreated through a grassy Swale prior to discharge to the
subsurface to prevent impact to groundwater and surface water quality.
5. The Engineers and architects involved with the design of the subject project shall
obtain current best management practices for stormwater disposal and design a
stonnwater management system that prevents groundwater and surface water degradation.
E. Adopt the Recommendations of the Water Department as follows:
1. As long as water meters and fire hydrants are not encroached upon, the reduced
lot sizes would be okay with the Department.
F. Adopt the action of the City Council taken at their Apri12Q 2004 meeting as follows:
For clarification:
1. Placed into record, and which is on file with the Meridian City Clerk's office, is the
Letter of Approval and Acceptance from Grant and Joyce Lee, dated Apri120, 2004.
2. The Applicant, Farwest, LLC, per their letter dated January 6, 2004, pertaining to
Larkwood/Saguaro Canyon Agreements, agrees to provide the following:
a. A 25' height restriction (measurement at the peak, to allow for a second
story bonus room only) on 41ots in the Saguaro Canyon Subdivision along
the Larkwood boundary (Lots 26, 41, 43 and 44, Block 9).
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b. To construct a vinyl fence with 1' lattice on the top along the Larkwood
west boundary.
c. The Applicant has cut and reworked the lots on the original submittal from
27 buildable lots to 20 buildable lots in the latest plat. The 20 buildable lots
remaining on the Lazkwood boundary average 13,268 square feet. These 20
lots are an average of 42.85% larger than the average lot in Saguaro
Canyon.
d. Tile the North Slough, North Slough #2 and the Rosti Laterals. Farwest,
LLC will also the any of the above mentioned ditches adjacent to the
Lazkwood-west boundary regardless of their minor meandering across the
legal lot lines.
e. Provide a pressurized irrigation stub to each of the Lazkwood lots adjoining
Saguaro Canyon, providing the Lazkwood homeowners transfer sufficient
water rights to the pump station diversion point to provide for these stubs.
3. The Applicant submitted a revised preliminary plat dated April 6, 2004, in the
corresponding preliminary plat PP-03-032, which removes several lots on the east,
west and north boundaries. The revised plat proposes 433 buildable lots (vs. 442)
and has a gross density of 3.09 du/acre (vs. 3.15 du/acre). Other than the removal of
ten (10) lots, no other modifications were made to the corresponding preliminary
plat, PP-03-032, the Apri16, 2004 preliminary plat is approved.
4. The Applicant also submitted a future re-subdivision plan for Lot 34, Block 28 (the
5-acre Boyack lot).
5. A detailed fencing plan shall be submitted upon application of the final plat. A 5-foot
vinyl fence with one-foot of lattice on top is required adjacent to the Larkwood
Subdivision. In addition, the Applicant has agreed to provide a stamped concrete
fence adjacent to Lots 1-9, Block 33 and Lot 37, Block 28.
6. Prior to City of Meridian approval of a new, single-family building permit
for the area shown as Lot 34, Block 28, the area shall be combined with Ada
County parcel 50530244450 (the existing driveway) to create a single flag
lot with frontage on Meridian Road. If not previously platted, said flag lot
shall be included in the first final plat submitted that is north of Phase 5 (the
existing Ada Co. pazcel 50530244350). Aone-time building permit is
allowed to be issued for Ada Co. parcel S0530244350 (the 60.89 acre
Boyack parcel) prior to fmal plat recordation. Any existing dwelling units on
the parcel must be demolished prior to issuance of a new building permit.
7. A permanent pedestrian easement, in favor ofthe City ofMeridian, shall be recorded
for the regional pathway in each phase of the subdivision. The public easement shall
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be recorded for the pathway prior to occupancy of any structures in that particular
phase of the subdivision. Submit a copy of the recorded easement to the Planning
and Zoning and Pazks Departments. The easement shall be sufficient width to cover
the 10-wide pathway. The pedestrian easement is allowed to decrease to 6 feet wide
in front of Lots 7-12, Block 23 and Lot 71, Block 9, on the south side of E. Mesa
Bluffs Street. Buildings are precluded from constructing within this easement. The
10-foot wide hazd surfaced pathway shall be constructed and fully improved prior to
the issuance of the first Certificate of Occupancy for any building within the phase.
Additionally, a note shall be added to the face of each final plat indicating the City of
Meridian is responsible for the maintenance of the pathway surface located within the
easement. Applicant shall conform to the Park's Department standards for
construction of the regional pathway. The Homeowner's Association is responsible
for maintenance of all landscaping adjacent to the pathway.
8. Pertaining to the 24 foot access road, which will come in up in Phase 10, and which
the Boyack 5-acre property is part of the total parcel in this annexation and zoning,
the 24 foot access road shall be regulated as follows:
Within the Development Agreement there shall be a provision that the 24 foot lane
will be limited to use for one single-familyresidence on that five acres and no others,
until such time as either that residence obtains other access, other public access,
and/or the five acres is approved for redevelopment. At that time, the 5-acre Boyack
property shall either: 1) relinquish any rights to use that lane for access; 2) offer it for
sale to either the property owner on the north or the property owner on the south, at
appraised fair market value.
9. At the April 20, 2004 Council meeting, Dave McKinnon, the Applicant's
representative, addressed the neighboring property owners concerns over traffic,
density/transition,'and collector roads. It is noted at the public hearing by Dave
McKinnon as follows:
Tra uc: Traffic has always been a concern, and there has been a recent concern with
the North Meridian Area Plan, as far as what is actually happening with it presently.
The impact fees that aze paid for these types of projects are spent in different areas
currently, and you cannot have change in the road system without the impact fees.
Without the development there are no impact fees, and there would not be the money
to pay for the growth or for improvements in the roads in the future. This growth is
helping to pay, through ACHD, for the fixing and building ofroads in other areas and
in the future these roads will be fixed and maintained by ACHD.
Due to a large ditch that runs along McMillan Road the developer is not able to
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construct a secondary access onto McMillan Road.
Densltu/Transition: The reason for the 90 degree pie-shaped lots, which are located
on the rear eastern end of the project, are that these lots would be only approximately
two lots for every single one within Larkwood. Across the street the lots step down
to 10,000 squaze feet; and which 10,000 square foot lots are still larger than the
minimum lot size. As you go farther back into the subdivision until you cross the
collector street those lots become smaller. The lots within the subdivision range from
9,200 sq. ft. up to 11,000 sq. ft. in size. Located on the interior ofthe subdivision are
lazge lots. The smaller lots aze located adjacent to the school site, to the
Ashenbrenner's site, and across the collector street, to help provide for transition.
The transition expands from east to west within the subdivision.
Collector Roads: The City would like to see collector streets at the half-mile, but
they don't have to align directly with the half mile, (such as the Lochsa Falls
development).
The Priddy property does not want traffic n,nning right along the side of their home
and property, and the need for buffering this area could be addressed by having the
street come in at the half-mile location, and then jog to the south. This would
provide a buffer to the 24 foot wide street. The Developer is in agreement of getting
rid of the 24 foot wide road once everything is developed. Upon complete build out
of the Saguaro Canyon Subdivision, then the 24 foot wide access road is something
that the Wilsons would have to work out with the Ashenbrenner property owners.
3. The above conditions are concluded to be reasoriable and the applicant shall meet
such requirements as a condition of approval of the application for a conditional use permit.
4. Notice to Permit Holder, this conditional use permit is not transferable without
complying with the provisions of Meridian City Code § 11-17-8, a copy of which is attached to
this permit.
NOTICE OF EIGHTEEN (18) MONTH CONDITIONAL USE PERMIT
DURATION
Please take notice that the conditional use permit shall be valid for a maximum period of
eighteen (18) months unless otherwise approved by the council During this time, the permit
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holder must commence the use as permitted in accordance with the conditions of approval,
satisfy the requirements set forth in the conditions of approval, acquire building permits and
commence construction of permanent footings or structures on or in the ground. hi this context
"structures" shall include sewer and water lines, streets or building construction. The applicant
has specified in the application and to the commission and council a construction schedule and
completion date for the project. If the completion date specified for the project is exceeded, the
conditional use application shall become null and void. However, the applicant may submit an
application for a time extension on the project for city council review. The application for time
extension shall be submitted at least thirty (30) days prior to the deadline for completion of the
project. For projects requiring platting, the final plat must be recorded within this eighteen (18)
month period. For projects with multiple phases, the eighteen (18) month deadline shall apply to
the first phase. In the event that the development is made in successive contiguous segments or
multiple phases, such phases shall be constructed within successive intervals of one year from the
original date of approval by the council. If the successive phases are not submitted within one
year intervals, the conditional approval of the fixture phases shall be null and void. (MCC 11-17-
4.B.)
NOTICE OF FINAL ACTION
AND RIGHT TO REGULATORY TAHINGS ANALYSIS
The Applicant is hereby notified that pursuant to Idaho Code 67-8003, the Owner may
request a regulatory taking analysis. Such request must be in writing, and must be filed with the
City Clerk not more than twenty-eight (28) days after the final decision concerning the matter at
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issue. A request for a regulatory takings analysis will toll the time period within which a Petition
for Judicial Review maybe filed.
Please take notice that this is a final action of the governing body of the City of
Meridian, pursuant to Idaho Code § 67-6521 an affected person being a person who has an
interest in real property which maybe adversely affected by the issuance or denial of the
conditional use permit approval may within twenty-eight (28) days after the date of this decision
and order seek a judicial review as provided by Chapter 52, Title 67, Idaho Code.
By action of the City Council at its regular meeting held on the
2004.
day of
Tammy de Weerd, Mayor City of Meridian
Attest:
William G. Berg, Jr., City Clerk
Copy served upon Applicant, the Planning and Zoning Department, Public Works Department
and City Attorney.
Dated:
City Clerk
Z:\WorkVvl\Meridian\Meridian 15360M~Sagnaro Canyon Estates Sub .403-027 PP-D3-032 CUP-03-058\OrdeiCUP.doc
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